Co-operatives Act, 2005 (Act No. 14 of 2005)SchedulesSchedule 1 : Special Provisions Relating to Certain Kinds of Co-operativesPart 2 : Worker Co-operatives3. Requirements of constitution |
| (1) | In addition to the other requirements of this Act, the constitution of a worker co-operative must provide— |
| (a) | whether membership is restricted to natural persons who work for the co-operative; |
| (b) | whether the maximum amount a member is required to contribute during the first year of membership, whether by way of entrance fees, payments in respect of shares or in respect of a member loan, may not exceed half the person’s expected annual remuneration; |
| (c) | whether the co-operative is entitled to provide employment to persons who are not members and, if so, a limitation on the number of persons that are non-members that may be employed, expressed as a percentage of the number of members, which percentage should not exceed twenty five per cent; |
| (d) | whether the period of probation to an application for membership, which may not exceed a period of two years is applicable; |
| (e) | for the procedure for allocating, crediting or distributing any surplus earned, including a provision that not less than fifty per cent of such surplus must be paid on the basis of the remuneration earned by the members from the co-operative or the labour contributed by the members to the co-operative; and |
| (f) | whether the manner in which the membership of a member may be terminated is in accordance with item 4 of this Part. |
| (2) | The constitution of a worker co-operative may provide— |
| (a) | how work is to be allocated between members; |
| (b) | for laying off or suspending of members when there is a lack of work, and for the recall to work of members who have been laid off; and |
| (c) | for a procedure for disciplining members. |